TENANT NUISANCES

Public Housing Tenant's Conduct Didn't Warrant Eviction

September 21, 2020    

Landlord Tuckahoe Housing Authority (THA) sent public housing tenant a lease termination notice, then held a grievance hearing at tenant's request.  THA ruled that tenant had violated her lease, and...

Landlord Can Seek Tenant's Eviction Based on Overcrowding

September 21, 2020    

Landlord sued to evict rent-stabilized tenant for breaching a substantial obligation of her tenancy by "overcrowding" her apartment in violation of Housing Maintenance Code (HMC) Section 27-2075. The court...

Landlord Must Send Tenant a Notice to Cure in Nuisance Case

July 21, 2020    

Landlord sued to evict rent-stabilized tenant for committing or permitting a nuisance in his apartment by pouring or allowing a noxious liquid believed to be chlorine to leak on the floor, down radiator pipes, and...

Eviction Case Against Shareholder Tenant Was Brought in Bad Faith

June 26, 2020    

Landlord co-op board sued to evict shareholder tenant's proprietary lease after finding that tenant created a nuisance or objectionable conduct by using the apartment for short-term sublet rentals. The court...

Landlord Can't Prove Tenants Breached Court Stipulation Promising Not to Smoke

June 25, 2020    

Landlord sued to evict tenants for smoking in their apartment. Landlord and tenants signed a settlement agreement in court. Tenants agreed to refrain from smoking or to permit any visitors to smoke in their apartment...

Landlord Sues to Stop Tenant from Smoking in Apartment During COVID Crisis

May 26, 2020    

(Decision submitted by Brian Graifman of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Landlord sued tenant, seeking to protect the...

Landlord Didn't Send Tenant Notice to Cure

May 25, 2020    

Landlord sued to evict rent-stabilized tenant, claiming that tenant violated, and continued to violate, a substantial obligation of her tenancy by permitting constant loud noises and music to come from her apartment...

Several Fire Incidents Within 24 Hours Doesn't Prove Tenant Nuisance

April 28, 2020    

Landlord sued to evict a Mitchell-Lama co-op shareholder tenant based on illegal sublet, failure to report household composition and income, overcrowding, and nuisance.

Landlord Failed to Specify Lease Provision Violated

April 28, 2020    

Landlord of project-based Section 8 building sued to evict tenant for creating a nuisance, harassing neighbors, stealing packages, making excessive noise, and participating in altercations at the building between...

Landlord Co-op Can Evict Shareholder Tenant for Objectionable Conduct

March 24, 2020    

Landlord, a cooperative housing corp., sued to evict shareholder tenant for objectionable conduct. After 20 years of nuisance behavior and repeated written notices, landlord's board of directors held a special...

Co-op Board Can Evict Shareholder Tenant Based on Objectionable Conduct

February 24, 2020    

Landlord cooperative corporation sued to evict shareholder tenant based on tenant's objectionable conduct, which violated tenant's proprietary lease. Tenant had refused to move out after landlord's board...

Nuisance Claim Against Tenant for Excessive Noise Dismissed

January 29, 2020    

Landlord sued to evict rent-stabilized tenant for creating a nuisance based on constant loud noise from tenant's apartment over 17 months. Landlord's court papers described more than 33 pages of dates and...